Tuesday, August 25, 2009 9:03:32 AM
Olddog--Many times on appeals to courts where there are a number of judges that sit on the panel, you will not always see unanimous decisions because each judge will bring their own view, experience, inclination, etc. to bear on the case. Although they have law clerks to assist them, these judges have more experience, knowledge, etc than their law clerks. From what I have seen, the decisions of the ITC commissioners appear to be more unanimous and you don't see split decisions. One of the reasons could be that because these cases are so often decided on very technical reasons, where the commissioners may not have the same level of experience that their technical staff has. It could very well be that this techncial staff could play a very large role in the ultimate decision rendered by the Commission. That is the reason why I thought it would be interesting to see the voting sheets from the Commission's decisions on reversing ALJs. MO
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